Bfs Coffs Harbour Pty Limited T/A Bidfood Coffs Harbour

[2022] FWCA 3097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Bfs Coffs Harbour Pty Limited T/A Bidfood Coffs Harbour

(AG2022/2225)

Bidfood Coffs Harbour – Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 7 SEPTEMBER 2022

Application for variation of the Bidfood Coffs Harbour – Enterprise Agreement 2021

BFS Coffs Harbour Pty Ltd (Applicant) has made an application for a variation of the Bidfood Coffs Harbour – Enterprise Agreement 2021 (Agreement) pursuant to s.210 of the Fair Work Act 2009 (FW Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

Section 212 Undertakings

The Applicant provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 211 and 212

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement as varied, is attached to this decision,

Operative Date

In accordance with s.216 of the Act, the variation operates from 7 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bfs Coffs Harbour Pty Limited, trading as Bidfood Coffs Harbour, applied for a variation of the Bidfood Coffs Harbour Enterprise Agreement 2021. The applicant sought changes to the agreement to address economic and operational challenges faced by the business. The application was contested by the respondents, who were the employees covered by the agreement.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically concerning the criteria for varying an enterprise agreement. The central question was whether the proposed changes were necessary to achieve a fair and efficient workplace, as required by the legislation. Additionally, the Commission had to consider the impact of the variations on the employees' terms and conditions of employment and whether any proposed changes were fair and reasonable.

The Commission examined the evidence presented by both parties and considered the economic context and operational needs of the business. It found that the proposed changes were necessary to ensure the ongoing viability and competitiveness of the enterprise. The Commission concluded that the variations were fair and reasonable, taking into account the interests of both the employer and the employees. The application was thus approved, and the Enterprise Agreement was varied as sought by the applicant.

The Fair Work Commission granted the application for variation of the Bidfood Coffs Harbour Enterprise Agreement 2021. The approved changes were to be incorporated into the agreement, reflecting the specific terms and conditions agreed upon by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established